S T A T E O F N E W Y O R K
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10640
I N A S S E M B L Y
June 17, 2020
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Hunter) --
read once and referred to the Committee on Energy
AN ACT to amend the public service law and the energy law, in relation
to establishing energy efficiency measures by the public service
commission and the New York state energy research and development
authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public service law is amended by adding a new section
66-q to read as follows:
§ 66-Q. ENERGY EFFICIENCY PROGRAM. 1. AS USED IN THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "COST EFFECTIVE" MEANS PRODUCING BENEFITS THAT OUTWEIGH COSTS
PURSUANT TO THE COMMISSION'S BENEFIT-COST ANALYSIS, PLUS THE SOCIAL COST
OF METHANE, AND NON-ENERGY BENEFITS AS DESCRIBED IN THE "RHODE ISLAND
TEST" (RI. TEST) OR A SUBSEQUENTLY IDENTIFIED BENEFIT-COST ANALYSIS THAT
MORE COMPLETELY ACCOUNTS FOR EXTERNALIZED BENEFITS OF ENERGY EFFICIENCY
SPENDING;
(B) "ENERGY EFFICIENCY" MEANS THE REDUCTION IN OVERALL ENERGY USE,
EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
IN BRITISH THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL INCLUDE ENVI-
RONMENTALLY BENEFICIAL ELECTRIFICATION;
(C) "ENERGY EFFICIENCY MEASURE" MEANS A PARTICULAR GOOD OR PRACTICE
THAT PROVIDES AN ENERGY EFFICIENCY BENEFIT;
(D) "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT
OF DIRECT FOSSIL FUEL USE WITH ELECTRICITY SUCH THAT THE REPLACEMENT
REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
(E) "POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS AREAS OF
UNITED STATES CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO FIVE HUNDRED
HOUSEHOLDS EACH THAT, IN THE MOST RECENTLY RELEASED CENSUS, HAD POPU-
LATIONS THAT MET OR EXCEEDED AT LEAST ONE OF THE FOLLOWING STATISTICAL
THRESHOLDS:
(I) AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA REPORTED
THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15864-01-0
A. 10640 2
(II) AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA REPORTED
THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
(III) AT LEAST 23.59 PERCENT OF THE POPULATION IN AN URBAN OR RURAL
AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
(F) "PROGRAM" MEANS THE ENERGY EFFICIENCY PROGRAM ESTABLISHED BY THE
COMMISSION PURSUANT TO THIS SECTION;
(G) "RESIDENTIAL BUILDING" MEANS A BUILDING HAVING PRIMARY USE AS A
DOMICILE;
(H) "RURAL AREA" MEANS ALL TERRITORY, POPULATION, AND HOUSING UNITS
THAT ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
THE UNITED STATES CENSUS BUREAU;
(I) "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSI-
NESS WITH ONE HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR
BUILDING OR (II) LEASE OR MANAGE ALL OR PART OF THE BUILDING AND HAVE A
RELEASE FROM THE BUILDING OWNER TO APPLY FOR FINANCING THROUGH THE
PROGRAM; AND
(J) "URBAN AREA" MEANS ALL TERRITORY, POPULATION, AND HOUSING UNITS
LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
HUNDRED OR MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
2. THE COMMISSION SHALL, WITHIN FORTY-FIVE DAYS OF THE EFFECTIVE DATE
OF THIS SECTION, COMMENCE A PROCEEDING TO ESTABLISH AN ENERGY EFFICIENCY
PROGRAM FOR UTILITIES, IN ORDER TO STIMULATE THE GROWTH AND ADOPTION OF
MORE EFFICIENT USE OF ENERGY AND TO PROMOTE THE HIRING AND TRAINING OF
EMPLOYEES BY SUCH UTILITIES FROM POTENTIAL ENVIRONMENTAL JUSTICE AREAS
OF CONCERN.
3. THE COMMISSION, IN COLLABORATION WITH UTILITIES AND THE LONG ISLAND
POWER AUTHORITY, SHALL DEVELOP, OVERSEE AND ISSUE GUIDELINES ESTABLISH-
ING RULES AND REGULATIONS FOR THE PROGRAM WHICH SHALL INCLUDE THE
FOLLOWING ELEMENTS:
(A) COST EFFECTIVE ENERGY EFFICIENCY, INCLUDING ENVIRONMENTALLY BENE-
FICIAL ELECTRIFICATION, SHALL BE THE PRIMARY MEANS FOR MEETING NEW ENER-
GY DEMAND FOR RESIDENTIAL AND SMALL COMMERCIAL BUILDING SECTORS, INCLUD-
ING DEMAND FOR FOSSIL FUEL;
(B) ANY JOB TRAINING FUNDING ADMINISTERED BY UTILITIES FOR ENERGY
EFFICIENCY IMPLEMENTATION SHALL SERVE TRAINEES LIVING IN AREAS DESIG-
NATED AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL
TO THESE AREAS' SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING
STOCK;
(C) EMPLOYEES HIRED FOR IMPLEMENTATION OF UTILITY ENERGY EFFICIENCY
PROGRAMS SHALL BE FROM AREAS DESIGNATED AS POTENTIAL ENVIRONMENTAL
JUSTICE AREAS OF CONCERN, PROPORTIONAL TO THESE AREAS' SHARE OF THE
STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK, OR FROM OTHER AREAS
DESIGNATED AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN WITHIN
SEVENTY-FIVE MILES OF TARGET WORK SITES; AND
(D) REQUIRE ANY RESIDENTIAL AND SMALL BUSINESS ENERGY EFFICIENCY
PROGRAM FUNDING USED DIRECTLY FOR ENERGY EFFICIENCY MEASURES ADMINIS-
TERED BY UTILITIES SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL
ENVIRONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL TO THESE AREAS'
SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.
4. THE COMMISSION AND LONG ISLAND POWER AUTHORITY SHALL ESTABLISH
ESCALATING PENALTIES FOR NON-COMPLIANCE WITH THE REQUIREMENTS OF THE
PROGRAM.
§ 2. The energy law is amended by adding a new section 5-123 to read
as follows:
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§ 5-123. NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY
ENERGY EFFICIENCY REQUIREMENTS. 1. AS USED IN THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "ENERGY EFFICIENCY" MEANS THE REDUCTION IN OVERALL ENERGY USE,
EXPRESSED AS A PERCENTAGE AGAINST A PRIOR BASELINE OF HISTORICAL USE, OR
IN BRITISH THERMAL UNITS (BTUS). ENERGY EFFICIENCY SHALL INCLUDE ENVI-
RONMENTALLY BENEFICIAL ELECTRIFICATION;
B. "ENVIRONMENTALLY BENEFICIAL ELECTRIFICATION" MEANS A REPLACEMENT OF
DIRECT FOSSIL FUEL USE WITH ELECTRICITY SUCH THAT THE REPLACEMENT
REDUCES OVERALL EMISSIONS AND ENERGY COSTS;
C. "OFFICE" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY;
D. "POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN" MEANS AREAS OF
UNITED STATES CENSUS BLOCK GROUPS OF TWO HUNDRED FIFTY TO FIVE HUNDRED
HOUSEHOLDS EACH THAT, IN THE MOST RECENTLY RELEASED CENSUS, HAD POPU-
LATIONS THAT MET OR EXCEEDED AT LEAST ONE OF THE FOLLOWING STATISTICAL
THRESHOLDS:
(I) AT LEAST 51.1 PERCENT OF THE POPULATION IN AN URBAN AREA REPORTED
THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
(II) AT LEAST 33.8 PERCENT OF THE POPULATION IN A RURAL AREA REPORTED
THEMSELVES TO BE MEMBERS OF MINORITY GROUPS; OR
(III) AT LEAST 23.59 PERCENT OF THE POPULATION IN AN URBAN OR RURAL
AREA HAD HOUSEHOLD INCOMES BELOW THE FEDERAL POVERTY LEVEL;
E. "RURAL AREA" MEANS ALL TERRITORY, POPULATION, AND HOUSING UNITS
THAT ARE NOT CLASSIFIED AS AN URBAN AREA, OR AS SUBSEQUENTLY DEFINED BY
THE UNITED STATES CENSUS BUREAU;
F. "SMALL COMMERCIAL BUILDING" MEANS A BUILDING OPERATED BY A BUSINESS
WITH ONE HUNDRED EMPLOYEES OR FEWER; PROVIDED THEY (I) OWN THEIR BUILD-
ING OR (II) LEASE OR MANAGE ALL OR PART OF THE BUILDING AND HAVE A
RELEASE FROM THE BUILDING OWNER TO APPLY FOR FINANCING THROUGH THE
OFFICE; AND
G. "URBAN AREA" MEANS ALL TERRITORY, POPULATION, AND HOUSING UNITS
LOCATED IN URBANIZED AREAS, WHICH IS A CONTINUOUSLY BUILT-UP AREA WITH A
POPULATION OF FIFTY THOUSAND OR MORE, AND IN PLACES OF TWO THOUSAND FIVE
HUNDRED OR MORE INHABITANTS OUTSIDE OF AN URBANIZED AREA, OR AS SUBSE-
QUENTLY DEFINED BY THE UNITED STATES CENSUS BUREAU.
2. IN ORDER TO STIMULATE THE GROWTH AND ADOPTION OF A MORE EFFICIENT
USE OF ENERGY AND TO PROMOTE THE HIRING AND TRAINING OF EMPLOYEES BY
UTILITIES AND OTHER ENTITIES FROM POTENTIAL ENVIRONMENTAL JUSTICE AREAS
OF CONCERN, THE OFFICE:
A. SHALL REQUIRE THAT ANY PROGRAM FUNDING FOR THE INSTALLATION OF
END-USE ENERGY EFFICIENCY MEASURES ADMINISTERED BY THE OFFICE WITH THE
GOAL OF ACHIEVING THE ONE HUNDRED EIGHTY FIVE TRILLION BRITISH THERMAL
UNITS OF END USE ENERGY BELOW THE TWO THOUSAND TWENTY-FIVE ENERGY USE
FORECAST GOAL SHALL BE ALLOCATED TO AREAS DESIGNATED AS POTENTIAL ENVI-
RONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL TO THESE AREAS' SHARE
OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK;
B. MAY ALLOCATE FUNDS TO NON-ENERGY RELATED INTERVENTIONS IN CONJUNC-
TION WITH ENERGY INTERVENTIONS, INCLUDING BUT NOT LIMITED TO MOLD, LEAD,
AND ASBESTOS REMEDIATION PURSUANT TO THE RECOMMENDATIONS OF AN INTE-
GRATED PHYSICAL NEEDS ASSESSMENT PERFORMED BY THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL OR ANOTHER QUALIFIED AGENCY;
C. SHALL REQUIRE ANY JOB TRAINING PROGRAM FUNDING ADMINISTERED BY THE
OFFICE FOR ENERGY EFFICIENCY IMPLEMENTATION SERVE TRAINEES LIVING IN
AREAS DESIGNATED AS POTENTIAL ENVIRONMENTAL JUSTICE AREAS OF CONCERN,
A. 10640 4
PROPORTIONAL TO THESE AREAS' SHARE OF THE STATE HOUSING AND SMALL
COMMERCIAL BUILDING STOCK; AND
D. SHALL REQUIRE EMPLOYEES HIRED FOR IMPLEMENTATION OF OFFICE PROGRAMS
FOR EFFICIENCY IMPLEMENTATION ARE FROM AREAS DESIGNATED AS POTENTIAL
ENVIRONMENTAL JUSTICE AREAS OF CONCERN, PROPORTIONAL TO THESE AREAS'
SHARE OF THE STATE HOUSING AND SMALL COMMERCIAL BUILDING STOCK.
3. THE OFFICE SHALL GATHER AND PUBLISH ON ITS WEBSITE DATA ON NON-EN-
ERGY BENEFITS (NEBS) OF HOME AND BUILDING-SCALE ENERGY EFFICIENCY
PROGRAMMING AS EVALUATED IN BENEFIT-COSTS ANALYSIS BY THE OFFICE.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY PERSON
WHO HAS BEEN INJURED BY REASON OF A VIOLATION OF THIS SECTION MAY BRING
AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT. THE COURT
MAY AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.